In an unprecedented move, a Utah federal judge has ordered two criminal defendants to pay hefty amounts of restitution based on the future lost incomes of their victims.
U.S. District Judge Paul Cassell on Tuesday determined that Brian Johnson, a 22-year-old aspiring artist, lost $446,665 in future income as a result of his April 2002 death in a car accident caused by Levangela Bedonie.
In the same ruling, he found that 3-month-old Beyonce Serawop would have earned $325,751 in her lifetime, had she not been killed in November 2002 by her frustrated father, Redd Rock Serawop.
Cassell ordered Bedonie, now serving an 18-month prison sentence, and Serawop, who was sentenced to 10 years behind bars, to begin paying the restitution awards immediately. Any money paid will go to the victims' mothers, as representatives of the two estates.
In a lengthy, 112-page order, Cassell — an outspoken advocate of victims' rights before he took the bench in 2002 — details why he believes he is required to make the awards under the Mandatory Victims Restitution Act of 1996.
"In sum, the language of the MVRA and relevant case authority demonstrate that in a case involving a crime of violence, the court is empowered — indeed, required — to award restitution for lost income, including both past and future lost income."
The finding is a first in Utah, and not one that has been previously advocated by other federal judges in the state.
"As a practical matter, Judge Cassell gives a different reading to the statute than other judges do," defense attorney Fred Metos said. "And I fully expect he's going to keep doing this until this case is decided (on appeal). And if the 10th Circuit agrees with him, the other judges are going to be required to do the same."
As Serawop's court-appointed attorney, Metos spent an extraordinary amount of time on the restitution issue. The U.S. Attorney's Office for Utah also assigned additional attorneys, with specific expertise in the area, to the cases.
"It probably costs more to litigate these issues than what Mr. Serawop is going to be able to pay in the future," Metos said.
Cassell acknowledged the additional burden posed by exploring the award of lost income in criminal cases. However, he concluded, the benefits outweigh the extra time and expense.
"No doubt, determining lost future income will complicate and prolong some sentenc- ings," Cassell wrote, noting the court held two hearings on the issue and spent $1,725 to retain an expert economist. "Weighed against the costs of complicating and prolonging sentencing hearings is the fact that many crime victims and their families will benefit from larger restitution awards."
The U.S. Attorney's Office for Utah originally objected to Cassell's efforts to explore the restitution awards. It later withdrew that objection and on Wednesday expressed guarded support of the judge's decision.
"Overall, we are pleased that the judge has awarded restitution to the victims of violent crime," spokeswoman Melodie Rydalch said. "The general idea of restitution in violent crimes is one that we're very supportive of."
That said, Rydalch added the office will consult with the Department of Justice to determine any future action in the two cases. It is still unknown what position the U.S. Attorney's Office will take in the anticipated appeal to the 10th U.S. Circuit Court of Appeals.
E-mail: awelling@desnews.com